Phil King v. "Litigious Grandparents"

State Rep. Phil King (R-Weatherford) has filed an interesting bill (HB 2084) that seeks to restrict the ability of grandparents to sue for possession of and access to their grandchildren.

This bill seems completely unnecessary. The U.S. Supreme Court has long held that parents have a fundamental right to make decisions concerning the care, custody and control of their children. In Troxel v. Granville, a 2000 case that originated in Washington state, the Court struck down a statute that permitted courts to award grandparents (and other third parties) visitation rights if it was deemed to be in the best interest of the children. A state can only interfere with a parent’s fundamental right to raise his or her children if it is necessary to prevent harm or potential harm. A disagreement over parenting styles isn’t sufficient.

Thus, the law currently greatly restricts a grandparent’s ability to sue for possession of or access to a grandchild. Then what’s behind King’s bill? The driving force became crystal clear during a hearing last Thursday before the House Human Services Committee. From the FWST:

Parents of home-school children showed their support in Austin this week for a bill aimed at protecting their parental rights from litigious grandparents.

[…]

Speaking before the House Human Services Committee on Thursday, King said the law has been abused by people who, in many cases, disagree with how their grandchildren are being educated. Often, King said, grandparents have more income to spend on dragging out the litigation.

[…]

The Texas Home School Coalition has listed King’s bill as their priority for the session.

“Our position is that parents should not be sued into bankruptcy to defend their right to raise their kids how they want to,” said Tim Lambert, the group’s president.

King’s bill enjoys the support of the Governor.

Gov. Rick Perry strongly endorsed the bill at a rally Tuesday in front of the Capitol organized by the Texas Home School Coalition.

“I really do understand public education may not be the best choice for every family,” Perry told a crowd of more than 200. “I believe government regulation needs to stop at your front door.”

The Texas Family Law Foundation opposes the measure.

JoAl Sheridan, with the Texas Family Law Foundation, testified against the bill, arguing that the law as it stands is enough to limit grandparents to pursuing cases only when the well-being of a child is an issue.

When grandparents initiate litigation concerning their grandchildren, it is often to protect the children from physical neglect or physical abuse (often from parents with substance abuse issues). Grandparents already have to meet a tough threshold. This bill would likely make it more difficult for grandparents to pursue litigation when there is a legitimate need.

In any event, as noted above, the bill is unnecessary. I don’t want to spark a home-schooling debate. I have some clients who have done a wonderful job home-schooling their children. I’ve seen others do their children a disservice by home-schooling them. But the law already mandates that courts defer to parents’ wishes. Courts are not presently permitted to allow grandparent access just because parents are home-schooling their kids and the grandparents disagree with that decision. If a court has allowed grandparents to have possession of or access to grandchildren who are being home-schooled, there is probably something else going on.

I'm curious what others think of this bill. Please leave any thoughts in the comments.

h/t to The Texas Blue.